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In a unanimous decision, the Vermont Supreme Court ruled that a municipality is not obligated to warn an advisory ballot item that does not relate to municipal business, or matters within the authority of the municipality. Clift, et al. v. City of South Burlington 2007 VT 3.

The Appellants petitioned the City Council to include an advisory article on the 2005 annual meeting warning which would ìadvise the City Council to ask our state legislators, in writing, to enact legislationî requiring parental notification for minors seeking abortions. The petition contained a sufficient number of signatures and was filed as required by 17 V.S.A. ß 2642(a). The City Council considered the petition, and, after a lengthy discussion, declined to include the item on the ballot.

The Chittenden Superior Court denied the petitionersí request for relief, and granted the City summary judgment, finding that the article ìdoes not relate to city business in the sense that it does not address a matter under the general supervision, legal authority or control of the City or of City voters.î

While noting that the petitioners had complied with the statuteís procedural requirements, long standing precedent supported the exercise of discretion by the City Council and its decision not to include the advisory item. Relying on a series of decisions, the Supreme Court held that it has interpreted the statutes to compel municipalities to present a petitioned article to the voters only when ìthe purpose stated in such petition sets forth a clear right which is within the province of the town meeting to grant or refuse through its vote.î

After finding that the subject matter of the petitioned article concerned an issue wholly outside the purview of the City or its voters, the Court held that the City could have warned the advisory article, but was under no obligation to do so. ìTo decide otherwiseî, the Court reasoned, ìwould be to subject the town meeting ñ a forum primarily for conducting municipal business ñ to debate on every social issue of interest to voters.î